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Bailey v. Fortier

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 12, 2010

EVERTON BAILEY PLAINTIFF,
v.
C.O. M. FORTIER, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed August 30, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections*fn1 having been filed, and the court having reviewed the Magistrate Judge's Amended Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 30, 2010 (Dkt. No. 19) is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that defendants' motion to dismiss, or in the alternative for summary judgment (Dkt. No. 10) is DENIED, and that plaintiff's motion to amend his complaint (Dkt. No. 12) is DENIED; and it is further

ORDERED, that defendant's letter motion seeking limited discovery regarding the exhaustion issue (Dkt. No. 20) is hereby referred to the Magistrate Judge for his review and consideration; and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED.


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